County of Santa Cruz, California et al v. Ashcroft et al

Filing 208

ORDER APPROVING 207 EX PARTE APPLICATION TO CONTINUE STATUS CONFERENCE. The Status Conference set for 5/7/2009 is CONTINUED to 6/12/2009 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/5/2009. (jflc2, COURT STAFF) (Filed on 5/5/2009)

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T O N Y WEST A s s is ta n t Attorney General J O S E P H P. RUSSONIELLO U n ite d States Attorney A R T H U R R. GOLDBERG A s s is ta n t Branch Director M A R K T. QUINLIVAN (D.C. BN 442782) A s s is ta n t U.S. Attorney J o h n Joseph Mackle U.S Courthouse 1 Courthouse Way, Suite 9200 B o s to n , MA 02210 T e le p h o n e : [phone] e -m a il: [e-mail] J O E L McELVAIN (SBN 257736) A tto rn e y U .S . Department of Justice C iv il Division, Federal Programs Branch 4 5 0 Golden Gate Ave., Room 7-5395 S a n Francisco, CA 94102 T e le p h o n e : [phone] e-mail: [e-mail] A tto r n e ys for Defendants

**E-Filed 5/5/09**

UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA (S A N JOSE DIVISION) C O U N T Y OF SANTA CRUZ, et al., P l a i n t if f s , v. E R I C H. HOLDER, JR., A tto rn e y General of the United States; M I C H E L E LEONHART, A c tin g Administrator of the D ru g Enforcement Administration; and E D W A R D H. JURITH, A c tin g Director of the Office of N a tio n a l Drug Control Policy, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C iv i l Action No. 03-1802 JF ---- --- ---- T C O-N S-E N-- ORDER APPROVING E X PARTE APPLICATION TO C O N T I N U E STATUS CONFERENCE D a te : N o n e Set T im e : None Set

Pursuant to Local Rule 7-10, defendants Eric H. Holder, Jr., Attorney General of the United States; Michele Leonhart, Acting Administrator of the Drug Enforcement Administration; and Edward H. Jurith, Acting Director of the Office of National Drug Control Policy, hereby move ex

Consent Ex Parte Application to Continue Status Conference Civil Action No. 03-1802 JF

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parte to continue the status conference currently scheduled for May 7, 2009, at 9:30 a.m., for 30 days, and to a date and time that is convenient for the Court. In support thereof, defendants state as follows: 1. On March 23, 2009, this Court conducted a further case management conference and scheduled a status conference for May 7, 2009, at 9:30 a.m., after which time the parties would discuss with the Court in chambers whether this case needs to go forward. 2. The Department of Justice is formulating guidance for United States Attorney's offices regarding enforcement policies and practices. That effort is ongoing, but not yet completed. Defendants therefore do not believe a status conference and in-chambers discussion would be productive at this time, and respectfully request that this Court continue the status conference for 30 days, at a date and time that is convenient for the Court. In this regard, the undersigned notes that he will be unavailable on June 1, 2009, as he will be presenting oral argument before the United States Court of Appeals for the First Circuit in United States v. Jamont Dubose, No. 08-2382. 3. The undersigned consulted on this date with co-counsel for the plaintiffs, Allen Hopper, Litigation Director of the ACLU Drug Law Reform Project, who indicated that plaintiffs do not oppose this request.

17 4. In the alternative, and for the reasons set forth above, defendants respectfully request that 18 the Court convert the status conference to a further case management conference, and allow the 19 20 21 22 23 24 25 26 27 28
Consent Ex Parte Application to Continue Status Conference Civil Action No. 03-1802 JF

undersigned to appear by telephone. The parties are in agreement, however, that a further case management conference is not necessary at this time for the reasons above. WHEREFORE, for the foregoing reasons, and with good cause having been shown, defendants respectfully request that this Court continue the status conference scheduled for May 7, 2009, at 9:30 a.m., for 30 days, and to a date and time that is convenient for the Court.

1 Respectfully submitted, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Consent Ex Parte Application to Continue Status Conference Civil Action No. 03-1802 JF

TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney ARTHUR R. GOLDBERG Assistant Branch Director /s/ Mark T. Quinlivan MARK T. QUINLIVAN Assistant U.S. Attorney John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Suite 9200 Boston, MA 02210 Tel: [phone] e-mail: [e-mail] Dated: May 1, 2009 C E R T IF IC A T E OF SERVICE I hereby certify that on May 1, 2009, I electronically filed the foregoing Consent Ex Parte Application to Continue Status Conference with the Clerk of the Court, using the CM/ECF system, which will send notification of such filing to the counsel of record in this matter who are registered on the CM/ECF system. /s/ Mark T. Quinlivan MARK T. QUINLIVAN Assistant U.S. Attorney

The status conference is continued to June 12, 2009 at 10:30 a.m. IT IS SO ORDERED

Dated: 5/5/09

______________________________ JEREMY FOGEL United States District Judge